Alternative Dispute Resolution and Conflict Management Issues for Minerals Industry Professionals û An Australian Perspective

Technical disputes, commercial negotiations and workplace/societal conflict are a natural part of doing business and just living itself. Conflict is everywhere û at home (between family and neighbours); in the workplace (between management, co-workers and unions), with contractors and with other companies; and everywhere at the community level, dealing with land access (pastoralists/farmers and indigenous/First Nation people), environmental protestors and NIMBY-ites - Civil Society in general. Exploration and mining companies, operating in more remote, less developed and culturally diverse regions, tend to encounter myriad areas of conflict (typically emotion-charged) and they are outlined. Dispute prevention, management and various binding and non-binding resolution techniques are discussed. The paper gives a general overview of the ADR nomenclature and framework (mediation, conciliation, expert determination, adjudication, arbitration and litigation) encouraging technical professionals to participate. Its thesis is that lawyers should not necessarily be the first port of call when problems arise between the mining workforce, contractors, joint venture partners, purchasers of prospects/mines, traditional land owners, protest groups, etc. If the matter must be litigated, the role of the expert witness is critical in pretrial planning, negotiations, mediation and litigation management, so a few guidelines are provided. Whilst dispute resolution has a legal context, the paper is written from an AusIMM technical professionalÆs perspective, emphasising practical long-lasting pragmatic solutions.